CHARGE: OUI liquor or Over .08 Breath Test, Negligent Operation
Result: Motion to Suppress Breath Test Results allowed and Motion to Dismiss Allowed; Trial
After allegedly striking a pole and another vehicle, my client was charged with OUI and Negligent Operation. At the scene, the police claimed to find nips of alcohol near my client who was unconscious outside of his burning vehicle. At the hospital his blood was taken and the alcohol results converted to a .23 – .25 breath test result. On the day of trial, I successfully argued that the medical records were not properly certified and suppressed the results from evidence in the case. Subsequently, I secured a dismissal of all charges after successfully challenging that key prosecution witnesses could not properly identify my client under applicable legal standards. My client’s license is fully restored and the case is closed!